...role of mandatory rules in international commercial disputes. The following cases demonstrate, by way of selective example only, the divergence of decisions by arbitral tribunals in dealing with mandatory rules:...
Search Results for : "Mandatory Rules"
...to mandatory rules, this conclusion could signify that mandatory rules have no role to play in … Download Full PDF *Professor, Università Cattolica di Milano; Partner, Bonelli Erede Pappalardo, Milan-London....
Mandatory Rules and International Arbitration – Vol. 23 No. 1
Author: Alan Scott Rau* Published: April 2008 Topics: Mandatory Rules Description: [When] we are talking about the processes by which disputes are resolved, I think it is not an overstatement...
The Arbitrator And “Mandatory Rules Of Law” – Vol. 18 ...
...In International Arbitration George A. Bermann Mandatory Rules In International Litigation Mandatory Rules In Civil Litigation: Status Of The Doctrine Post-Globalization Hannah L. Buxbaum How Do Mandatory Rules Of Law...
Volume 18: Issue 1–2 (April 2008)
...de novo to ensure compliance with mandatory rules, it undermines the benefits of arbitration, such as predictability, neutrality, and cost minimization. Therefore, courts cannot simultaneously enforce mandatory rules and preserve...
Harmonizing Arbitration and Competition Law Disputes: Pursuing Consistency In Adjudication
Author: Josh B. Martin* Published: April 2017 Jurisdiction: International Topics: Arbitrators and Arbitral Tribunals Commercial Disputes International Character of Dispute Applicable Law Description: INTRODUCTION The role of mandatory rules within...
Contractualists Versus Jurisdictionalists: Who is Winning the Mandatory Law Debate ...
Author: Tamieka Spencer Bruce* Published: April 2010 Jurisdiction: International Topics: Categories of Disputes Commercial Disputes Arbitrability Dispute Resolution and Litigation Mandatory Rules Description: I. INTRODUCTION Globalization and the rise of...
A Choice of Public Law? Resolving the International Arbitration’s Dilemma ...
...Rules of Law in International Arbitration: What are Mandatory Rules?, 2007 American Review of International Arbitration 147, 148; Marc Blessing, Impact of the Extraterritorial Application of mandatory Rules of Law...
Imposition of Economic Sanctions: An Embargo on International Commercial Arbitration?
...not be the subject of a choice of law clause; they may only be considered as incorporated into the contract subject to the mandatory rules of the applicable law. Consequently,...
Proposals to Amend the Code of the Court of Arbitration ...
...of Disputes Commercial Disputes Investment Disputes Mandatory Rules States as Parties National Legislation Description: The success of international arbitration is undeniably due to its ever-increasing detachment from the legal orders...
The Extraterritoriality of Laws in International Arbitration – Vol. 29 ...
Articles The Errors of Comity: Forum Non Conveniens Returns to the Second Circuit Alan Scott Rau Mandatory Rules and International Arbitration Luca G. Radicati di Brozolo The Non-Enforceability of Decisions...
Volume 23: Issue 1 (August 2012)
...Understanding of the Right to be Heard in International Arbitration Proceedings Matthias J. Terlau Arbitration And Confidentiality Francois Dessemontet Current Developments Mandatory Rules of Law as a Limitation on the...